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Smt. Kamlesh And Others v. State Of U.P. And Others - PUBLIC INTEREST LITIGATION (PIL) No. 41739 of 2006  RD-AH 13131 (7 August 2006)
Chief Justice's Court
Civil Misc. Writ Petition No. 41739 of 2006
Smt. Kamlesh and others vs. State of U.P. and others.
Counsel for the petitioners : Mr. Pankaj Kr. Tyagi
Smt. Archana Tyagi
Counsel for the respondents : Chief Standing Counsel
Hon'ble Ajoy Nath Ray,CJ
Hon'ble Ashok Bhushan,J
Heard learned counsel for the petitioners and learned Standing Counsel.
By this writ petition filed as a public interest litigation, a mandamus has been sought directing the respondents to inquire the matter and direct the respondents to redevelop the pond in the Khasra no. 1726 for irrigation and other purpose.
Learned counsel for the petitioners submits that private respondent nos. 6 and 7 have made a construction over the Government land without there being any sanction of the plan.
We have considered the submission and perused the records.
Although in the prayer direction has been sought to redevelop the pond but from the allegations in the writ petition it does not appear that the said plot has ever been recorded as pond. As far as the allegation that the constructions are situate in the public utility land, i.e. the road, it is for the development authorities/Nagar Panchayat to take appropriate action. In the representation which is Annexure-1 to the petition, the petitioner herself has stated that the plan has been sanctioned. Appropriate remedy, if aggrieved from the sanctioned plan, lies before the appropriate competent authority. The writ petition cannot be entertained as a public interest litigation and it is dismissed.
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